TUPE and Lost Contract

Silvester89

Earlier this year, I was transferred from my old employer to an outsourcing firm through a TUPE transfer. We still technically do work for the same company, we are just employed by the outsourcing firm.

Along with a number of colleagues, I recently got in touch with our old HR team to request a copy of my contract, as I wanted to ensure I fully understood the terms of my contract in case the new employer try to change any at a later date.

HR have responded to myself and others saying that they cannot locate our original contracts, however in my case they were able to provide a copy of my offer letter, however this was the offer letter from my previous, lower paid role.

We are finding that the new outsourcing firm don’t seem to have much of an idea how our contracts are worded, which I find bizarre given the terms of our employment should have been carried over with our TUPE transfer.

I’m a bit worried that if we do get made redundant at a later point, or our new employer try and change the terms of our contracts, that we won’t have a copy of our original contracts to compare.

I wonder if anyone else has ever found themselves in a similar position and could offer any advice.

I guess I assumed that it would be the responsibility of my employer to keep a copy of the contract, but that seems not to be the case.

Thanks in advance!

Manxman_in_exile

AIUI TUPE only protects your existing contract terms at the point of transfer, but from that point on your new employer is at liberty to change your contract just like they can for any other employee.  So just because you have been subject to a TUPE transfer doesn't mean your contract terms are set in stone and can't be changed in the future.  (I'm sure the employer may need to follow a certain process to change your terms, but if they do so and you just say "You can't do that!  We TUPE'D over!", they can just impose changes on you whether you like it or not).

Having been involved in a few TUPE transfers in the NHS, I'd be very surprised (and somewhat suspicious  ) if your new employer didn't know the terms you transferred over on...  If they didn't know before the transfer took place it wouldbe a bit like buying the proverbial "pig in a poke".

I suppose you aren't in a union?

General_Grant

Silvester89 said:

. . . 

Along with a number of colleagues, I recently got in touch with our old HR team to request a copy of my contract, as I wanted to ensure I fully understood the terms of my contract in case the new employer try to change any at a later date.

HR have responded to myself and others saying that they cannot locate our original contracts, however in my case they were able to provide a copy of my offer letter, however this was the offer letter from my previous, lower paid role.

. . . 

I guess I assumed that it would be the responsibility of my employer to keep a copy of the contract, but that seems not to be the case.

Thanks in advance!

I guess I assumed that it would be the responsibility of an employee to keep a copy of their contract documents but that seems not to be the case for any of you.

If neither the original company nor any of your colleagues can locate your original contracts, perhaps they never issued any (though they should have issued written particulars of your employment, perhaps they failed to do so and none of you were bothered not to receive your legal entitlement to the information).

Brynsam

Silvester89 said:

I’m a bit worried that if we do get made redundant at a later point, or our new employer try and change the terms of our contracts, that we won’t have a copy of our original contracts to compare.

That could indeed prove to be the case, but if you don't know and they don't know what your original contracts said, how would any of you, on either side, know?

Thrugelmir

Where's your copy of the employment contract? Did you ever receive one?